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biswajit saha   08 December 2019

Crpc 125 and Sec 340

My wife deamanding maintenance in crpc 125,but she's working now and make false statement in oath about that.
I know where she is working now but I haven't any documents.
Can I apple for 340 to the court and asking documents under section 91?


my lawyer saying that he first process 125 objection with section 91after getting documents, then process section 340. May be in between my wife left the job.

Then CRPC 340 can valid?


Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     09 December 2019

First trust your advocate and proceed as per his directions, as experts do not appreciate the client offering them directions.  If your wife is working, get such documentary evidence, and your advocate can submit these facts during her cross-examination with documentary evidence.  When a professional is handling the case, do not get involved too much as some may not like such interference and the client should be tactful in getting things done in more smooth way.

biswajit saha   09 December 2019

Sir
you are right, but he is saying I can't do crpc 340 until my 125 get final verdict, this things creating doubts, my wife enjoy interim, then maintenance, then what is value of lawful struggle? where lawyers are try to through in well and extrot money for survival.

TGK REDDI   09 December 2019

If the false statement by your wife is in the form of an affidavit, the affidavit must have been signed outside and Section 340 of The Criminal Procedure Code is not applicable.

If the false statement by your wife is in the form of Deposition,  Section 340 is applicable and your Counsel can file a Criminal Miscellaneous Petition praying the Court to prosecute her.

It's the prerogative of the Court to prosecute her.    Nevertheless, the prerogative can be challenged in the Court above.

biswajit saha   10 December 2019

My give the below statement .


Affidavit
-----------------
her details...............
profession------ unemployed
do here by solemnly affirm and declear as follows

1) That I am the petetionar of above noted case.

2) That the statement made in para 1 to 19 are all true and proper my knowledge.

3) That I am swearing this affidavit to declear that the above noted statements are all true to the best of my knowledge and put my signature below

her signature
----------+++++++++++++

all though her signature in every page

is it form of deposition?

can I file section crpc 340?

Dr J C Vashista (Lawyer)     10 December 2019

If your lawyer is not advising/proceeding for filing complaint u/s 340 Cr PC for false affidavit filed by your beloved betterhalf you should change him/ her (lawyer) and engage another local prudent lawyer for professional guidance and further proceeding. 

However, if you are located in Delhi and feel so, may contact me with relevant records (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075  Cell # 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com

TGK REDDI   10 December 2019

A Counsl can't file a Complaint under Section 340 of The Criminal Procedure Code.    They can only file a Petition.      Only can the very Court become a Complainant.


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